1. Applicant's Name: a. Application Date: 27 October 2017 b. Date Received: 21 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change in rank. The applicant seeks relief contending, in effect, a medical discharge should have been issued upon her separation, due to medical procedures that occurred in country. She was diagnosed with PTSD, while still an active member of the United States Army and in 2010, she was diagnosed with a cerebral aneurism. She states that she was misdiagnosed in 2009, by an Army physician, while she was on active duty. She states, it has been longer than three years since the injustice occurred due to her prolonged recovery. She has endured a brain surgery and PTSD, which has left her in a state of emotional turmoil. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, there was insufficient evidence to determine if the applicant did not have a mitigating medical or behavioral health condition for the offenses which led to her separation from the Army. In summary, SMs post service diagnosis of a cerebral aneurysm and subsequent surgery were not related to her misconduct of using marijuana, which led to her early separation from service. Also although a diagnosis of PTSD can be related to substance abuse, her primary diagnosis she was treated for was an Adjustment Disorder. In a records review conducted at Arlington, VA on 25 April 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service to include combat service, and the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200 / Chapter 14-12c (2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 9 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 November 2008 (2) Basis for Separation: The applicant was informed of the following reasons: In Afghanistan, between on or about 10 December 2007 and on or about 9 January 2008, wrongfully use marijuana, while receiving special pay; and, On or about 10 February 2007 and on or about 9 March 2007, wrongfully use marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 January 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 March 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 June 2005 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 21W1P, Carpentry / Masonry Specialist / 3 years, 8 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (13 March 2007 - 11 May 2008) f. Awards and Decorations: MUC, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Laboratory Confirmed Biochemical Results (memo), dated 27 March 2007, reflects the applicant tested positive for THC 29 (marijuana), during an Inspection Random (IR) Testing, conducted on 9 March 2007. FG Article 15, dated 1 June 2007, failing to go at the time prescribed to her appointed place of duty (27 February 2007); and, for wrongfully using marijuana (between 10 February and 9 March 2007). The punishment consisted of a reduction to E-1; forfeiture of $700 pay per month for two months; and, extra duty for 45 days. Electronic Copy of DD Form 2624, dated 7 February 2008, reflects the applicant tested positive for THC 29 (marijuana), during an Inspection Unit (IU) urinalysis testing, conducted on 9 January 2008. FG Article 15, dated 8 March 2008, for wrongfully using marijuana, while receiving special pay (between 10 December 2007 and 9 January 2008). The punishment consisted of a reduction to E-1; forfeiture of $723 pay per month for two months; and, extra duty for 45 days. Mental Status Evaluation, dated 12 August 2008, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear thinking process. Laboratory Confirmed Biochemical Results (memo), dated 18 September 2008, reflects the applicant tested positive for THC 83 (marijuana), during an Inspection Unit (IU) Testing, conducted on 4 September 2008. FG Article 15, dated 12 November 2008, for wrongfully using marijuana (between 5 August and 4 September 2008). The punishment consisted of a forfeiture of $622 pay per month for two months; and, extra duty and restriction for 45 days. Laboratory Confirmed Biochemical Results (memo), dated 1 December 2008, reflects the applicant tested positive for THC 50 (marijuana), during a Rehabilitation Testing (RO), conducted on 13 November 2008. The report noted that the "RO" test basis code was inappropriate because there was no record that the applicant had previously enrolled in Army Substance Abuse Program (ASAP). Laboratory Confirmed Biochemical Results (memo), dated 17 March 2009, reflects the applicant tested positive for THC LOL (marijuana), during an Inspection Unit (IU) testing, conducted on 9 March 2009. i. Lost Time / Mode of Return: 15 days (NIF, 16 December 2005 - 25 December 2005) / (NIF, 10 March 2009 - 16 March 2009) j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of her VA disability rating decision, dated 25 September 2015, which reflects the applicant was rated 100 percent disability for PTSD with substance abuse. 5. APPLICANT-PROVIDED EVIDENCE: Online application and a copy of her VA rating decision with allied documents. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change in rank. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and marred the quality of her service. The record confirms that the applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends that she should have been discharged through the medical process and requests a change to her rank. However, the applicant's requested changes to the DD Form 214, do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends the Veterans Administration has granted her a service connected disability for Post-Traumatic Stress Disorder (PTSD). However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 12 August 2008, the applicant underwent a mental status evaluation which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that she knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that her migraine headaches were misdiagnosed and contributed to her discharge from the Army. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 25 April 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20170019386 1